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When a pedestrian accident is serious or fatal - what you should know and doWhen someone is hurt or killed in a pedestrian crash with a car, the experience is traumatic and overwhelming. In the awful hours and days after a collision, every ounce of energy is put towards helping the injured person get the medical help they need. When someone dies in a crash, family members are forced to deal with grief, anger, and loss as they struggle to move forward with life.
After someone is injured or killed in a pedestrian crash, action needs to be taken to ensure that the victim’s rights and options are safeguarded. While a lawsuit might be the furthest thing from your mind, it is often the best way to help a pedestrian crash victim.
Fault in pedestrian accidentsThere are a number of common causes of pedestrian collisions with vehicles. Some accidents are the fault of the driver, some the pedestrian, and some involve shared fault. When a pedestrian is injured due to the fault of someone else, there is help available to begin the process of healing.
Common causes of pedestrian accidents include:
- vehicles running red lights and speeding;
- drivers under the influence of alcohol or drugs;
- drivers failing to yield to pedestrians in crosswalks;
- pedestrians failing to use marked crosswalks;
- pedestrians ignoring crossing signals at intersections;
- pedestrians walking at night in dark clothing.
What types of damages do injured pedestrians face?
After a serious pedestrian collision, an injured person incurs damages including the cost of current and future medical expenses, lost work and wages, pain and suffering, and loss of enjoyment of life. Families of people killed in pedestrian collisions also incur similar damages.
What should you do now?
If you or a family member has been hurt or killed in a pedestrian accident caused by a negligent driver, you will need legal help to make sure your rights are upheld and get reimbursed for your damages. An experienced personal injury attorney will help by assessing your claim and working with an insurance company to get a financial settlement that will ensure your financial recovery. You can leave the legal worries in the hands of the professionals and focus your energy on getting your life back. Most lawyers offer a free initial consultation and charge no fees up front, so there is no cost to learn more about your rights and options.
Below, we have tried to answer many of the questions we commonly hear from clients who contact us in order to retain legal representation after a slip and fall accident.
A premises liability claim arises when a property owner is negligent and injury to another person results. Property owners have the legal duty to keep their premises in a reasonably safe condition to avoid injuries to visitors.
When you place a loved one in a South Carolina nursing home facility, you trust the staff to provide proper supervision, take special caution, and assist your loved one with their needs and movement. Unfortunately, many nursing homes are understaffed and have staff members who are not adequately trained for their positions.
However, vacations and plans are sometimes spoiled when accidents occur on resort or hotel properties. These accidents, the most common of which include slip and fall accidents, can result in serious injuries and damages that can last for a very long time.
When you slip and fall at your work in Texas, law gets complicated. If you thought law was already confusing, it gets even more so. This is because Texas doesn’t require companies to carry workers’ compensation.
Below, we’ll take a look at how common truck and pedestrian accidents are, how Florida law determines right-of-way issues for pedestrians, and go over some safe driving tips for both pedestrians and truck drivers.
It is also important to note that in pedestrian accident cases, insurance companies often like to shift some or all of the blame for the accident to the injured plaintiff.
One of the most common hindrances to such claims is that the victims fail to report the incident and seek treatment right away. This is partially because such falls can be humiliating, and the victim wants to brush it off and move on with life like it didn’t happen.
They are the leading cause of emergency room visits in the United States, accounting for 20% of all ER visits. They are also the leading cause of worker’s compensation claims.
The rule of thumb many have simply adopted out of necessity is to assume that pedestrians have the right of way, but each state may have different regulations.
If a driver is clearly at fault for the accident, the pedestrian will likely be able to obtain compensation through the driver’s insurance carrier for any injuries caused. If a pedestrian bears the blame, he or she will probably not be able to receive compensation for injuries sustained.
From seat belts, airbags, and shatterproof glass to their impact absorbing structure, vehicles are designed to keep you safe from traumatic injuries. Pedestrians, however, are afforded none of these protections.
Employers and retailers are responsible for addressing the hazard within a reasonable time frame. To help avoid injury, shoppers and employees should also remain vigilant by doing the following.
You might feel you are at fault for your injury because of the changes you’re experiencing, but if your slip and fall accident was a result of the store’s negligence, you could hold them liable for your injuries.
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